Archives for 2023

DUI, driver nearly hit pedestrian, investigation evolved

April 1, 2023 By lilly

DUI: Officers standing on sidewalk properly investigated driver who nearly hit pedestrian and dumpster, properly evolved into DUI investigation and arrest… Seeley affirmed (memorandum). [Read more…]

Appeal procedure, dissatisfaction with lawyer’s briefing

April 1, 2023 By lilly

APPEAL PROCEDURE: Drug Defendant’s request to vacate review of submitted appeal, remove attorney, and forward to OAD for re-briefing denied… order. [Read more…]

Defense verdict, vintage aircraft landing damage

April 1, 2023 By lilly

VERDICT: Defense, vintage aircraft landing damage. [Read more…]

FTCA, wildfire damages, discretionary function

April 1, 2023 By lilly

FTCA: Claims that FS was required to consult landowners personally about Lolo Peak fire suppression activities on their properties but failed to do so and that it intended the suppression activities to cause damage properly held to be precluded by discretionary function exception… Molloy affirmed. [Read more…]

Settlements

April 1, 2023 By lilly

Plan I

April Spanbauer, low back, 11/19, $67,000, Matthew Murphy

Richard Maddox, upper leg, 9/22, disputed, $3,500, Leslae Dalpiaz [Read more…]

Med-mal, ACDF surgery, hoarseness, swallowing, expert

March 25, 2023 By lilly

MEDICAL MALPRACTICE: JML on informed consent properly granted for lack of expert testimony on standard for advising of possible long-term hoarseness and swallowing difficulty from ACDF surgery… Harada affirmed (memorandum). [Read more…]

Appeal procedure, appeal 75 days from probate order,

March 25, 2023 By lilly

APPEAL PROCEDURE: Dismissal of appeal filed 75 days after probate order denied where status of motion for fees & costs is uncertain (Opinion & Order). [Read more…]

Strangulation, shoving meth into mouth, transaction

March 25, 2023 By lilly

STRANGULATION: Evidence that Defendant “shoved meth” into partner’s mouth after strangling her properly admitted under transaction rule… McMahon affirmed (memorandum). [Read more…]

Defense verdict, moderate impact MVA, no causation

March 25, 2023 By lilly

VERDICT: Defense, admitted responsibility for passenger-side MVA but no causation found, cervical rotational bending injury resulting in cervical cord contusion involving all 4 extremities as well as post-trauma vision syndrome. [Read more…]

Student travel COVID disruption claims

March 25, 2023 By lilly

STUDENT TRAVEL breach of contract claims related to COVID disruptions rejected on summary judgment… class certification denied… Cavan/Watters. [Read more…]